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  1. #11
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    We use it all the time in the busy season. I am talking about the 16 hour exemption and not any adverse condition stuff. This is from the FMCSA website. I dont think crossing state lines will "disqualify" you as a local driver. I havent found anything that says so.



    16 - Hour Exception for Property-Carrying Drivers
    Drivers may extend the 14 - hour on duty period by 2 hours if they:
    Are released from duty at the normal work reporting location for the previous 5 duty tours AND ,
    Return to the normal work reporting location and are released from work within 16 hours AND,,
    Have not used this exception within the last 6 days, except following a 34 - hour restart of a 7/8 day period.

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  3. #12
    Insignificant Otter otherhalftw's Avatar
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    Quote Originally Posted by Powell-Peralta View Post
    Can you explain what the 16 extension jazz is all about?

    Does this apply only to local drivers who do not go more than 100 air miles from their terminal, or does it apply to anyone?

    i recently went over 14 hours mainly due to a road closure(I-95) where we had to take a longer route and i would have normally made it back under 14. That, plus i took a 3 hour nap mid route.

    b) is there an adverse traffic exemption, like the bad weather exception, that we can use if we go past 14 hours? 11 hours?


    i went to the USDOT site, but i couldn't really get any clear cut answers.
    Below are the FMCSA regs concerning this discussion. If you are using the 100 air mile rules...that is called short haul operations, and they run under a 11 driving in 12 hour day...so the 2 hour extension would give them 14 hour day once in 7/8 days...I have copy/pasted the rule below.

    Quote Originally Posted by stranger View Post
    The 14 hour exemption only can be used once a week,and only by someone that returns to their home terminal every night. At least that's the way it was used where I worked for a while. The very first question asked when we would call in to use the 16 hr rule was had we laid over that week. We had electronic logs, and were usually home every night.
    correct with a complete separation of the two groups 14 and 16 hour exemptions...again two different groups short haul and Interstate rules.

    Quote Originally Posted by Yatista View Post
    IIRC your points apply to intrastate vs. interstate. Local interstate drivers can cross state lines, but, are limited in air miles from the terminal they work out of and return to every night.
    You may be right...in CA we cannot cross state lines and use the 100 mile short haul rules, nor can we transport any freight that can be determined "interstate" and go with the short haul rules. Typical of CA to make it more complicated than everywhere else!

    Quote Originally Posted by rockee View Post
    We use it all the time in the busy season. I am talking about the 16 hour exemption and not any adverse condition stuff. This is from the FMCSA website. I dont think crossing state lines will "disqualify" you as a local driver. I havent found anything that says so.

    16 - Hour Exception for Property-Carrying Drivers
    Drivers may extend the 14 - hour on duty period by 2 hours if they:
    Are released from duty at the normal work reporting location for the previous 5 duty tours AND ,
    Return to the normal work reporting location and are released from work within 16 hours AND,,
    Have not used this exception within the last 6 days, except following a 34 - hour restart of a 7/8 day period.
    I found my point in the regular world vs. CA! But here are the points from the FMCSA Web Page:
    §395.3 Maximum driving time for property-carrying vehicles. Subject to the exceptions and exemptions in §395.1:
    (a) No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle:
    (a)(1) More than 11 cumulative hours following 10 consecutive hours off-duty; or
    (a)(2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property-carrying driver complies with the provisions of §395.1(o) or §395.1(e)(2).
    (b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, for any period after —
    (b)(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
    (b)(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
    (c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours; or
    (c)(2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.
    [57 FR 33649, July 30, 1992, as amended at 60 FR 38748, July 28, 1995; 68 FR 22516, April 28, 2003; 70 FR 50071, Aug. 25, 2005; 72 FR 71270, Dec. 17, 2007]
    (e) Short-haul operations
    (e)(1) 100 air-mile radius driver. A driver is exempt from the requirements of Section 395.8 if:
    (e)(1)(i) The driver operates within a 100 air-mile radius of the normal work reporting location;
    (e)(1)(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;
    (e)(1)(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;
    (e)(1)(iii)(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;
    (e)(1)(iv)(A) A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; or
    (e)(1)(iv)(B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and
    (e)(1)(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:
    (e)(1)(v)(A) The time the driver reports for duty each day;
    (e)(1)(v)(B) The total number of hours the driver is on duty each day;
    (e)(1)(v)(C) The time the driver is released from duty each day; and
    (e)(1)(v)(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.
    (o) Property-carrying driver. A property-carrying driver is exempt from the requirements of § 395.3(a)(2) if:
    (o)(1) The driver has returned to the driver’s normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked;
    (o)(2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and
    (o)(3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by §395.3(c).

  4. #13
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    local or air miles has NOTHING to do with 16 hr exemption, read the rules the guy posted. Once a week and you had to return to the same terminal every day for the previous 6 and of course it cannot put you over 60/70 hr rule. You could drive 300 plus miles out from your terminal turn around and come back every night and use the 16 hr exemption 1 time each week.

  5. #14
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    16 hour short haul exemption & driving

    Am I correct that the 16 hour short haul exemption allows the 14 on duty rule to be extended to 16 hours on duty one time in 7 days?
    .
    My big question is: Am I correct that the 16 hour short haul exemption does NOT extend the maximum driving time past 11 hours?

  6. #15
    Road Train Member stranger's Avatar
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    You are correct on both counts.

    But, you must start and terminate you tour of duty at the same place every day that week to claim the exemption. In other words, you can not lay over anywhere within the past 7 days.

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